| Issue 94 (vol. 14, #2): published by The American Society Of Journalists and Authors February 7, 2007 Free subscription instructions at the end. Please remember that we are not lawyers and that this is not legal advice, but business advice. Contents: * 36th Annual ASJA Writers Conference
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The 2007 ASJA Writers Conference will be the 36th annual conference and promises to be the best to date. With more than 150 moderators and panelists in more than 50 different sessions, this 3-day conference for members and 2-day conference for the public will cover everything from breaking into magazines to branching out into books, from travel writing to taking photographs, and from writing a killer non-fiction book proposal to successfully selling your fiction. For members and public alike, the 2007 conference will feature, in addition to the numerous panel topics: * Jeanette Walls, Keynote speaker and best-selling author
For conference details, go to www.ASJAConference.org. If you happen to be an agent or editor looking for writers, consider attending our Personal Pitch session on our members-only day. Find details at http://www.asja.org/ppitch. *******************************
We heard from someone who had written one of the Dummies books for Wiley. The author had signed a contract that included the following language: "Any offsets against royalties or sums owed by an Author to the Publisher under this Agreement or any other agreement between such Author and the Publisher may be deducted from any payments due such Author under this Agreement or any other agreement between such Author and the Publisher." It seemed harmless enough because it was a first book and, as we all know, the chances of getting actual royalties beyond the advance are slim. Well, it looked as though the rare bird of continued profit would actually land. However, the landing would look like an albatross plowing face first into snow-dusted ice. The problem is that advances are just that - money essentially loaned against future royalties. Before a writer sees additional money, the book has to "earn out" that advance, essentially paying back the publisher. Under this contract wording, if the writer ever did another book with Wiley, the company could divert royalties from the first book to help pay back the advance of the second. What makes this so entirely unreasonable is that book publishing is a gamble both for the publisher and the writer. The publisher limits the advance so that it will probably make some profit on the title, but the real money comes with a hit. However, by invoking such a cross-project offset, the publisher reduces its average risk and increases its average profit literally by taking the return on the time invested the writer would see. In other words, the publisher gets to gamble with your money. Heads they win, tails, you lose. Unless you know that you'll never write another book for that publisher, refuse to become a generator of corporate welfare. *******************************
We recently heard about a site that translates travel material into Braille (http://travelbraille.com/index.html). For travel brochures, why not? It sounds noble, but when you read the explanation, it turns out that the site also claims to be creating Braille versions of "Guidebooks such as Lonely Planet and Fodor's and articles from the Travel Section of The New York." It further seems that the owner isn't asking anyone for permission. Instead, this person claims freedom to do so though some baroque interpretation of fair use. But as defined by U.S. copyright statutes - whose definitions would be respected by virtually any country that had signed the major international copyright agreements) - this is just so much clumsy hand waving. Claiming that this is for "research" is absurd, particularly when considering that the site owner apparently is having the entirety of articles and books turned into Braille. Although we do have our disagreements with how publishers badly treat writers - and this is particularly true for travel publishers, from the contracts we've seen - it's still wrong. To argue one group's special interest is in a theoretically egalitarian society to argue the interests of all groups. We hope travel writers go to the site, see if their material might be in use, and complain loudly to their publishers. *******************************
This article in InformationWeek (http://www.informationweek.com/news/showArticle.jhtml?articleID=196903040) shows the importance of watching the courts - particularly when groups want to make use of "orphoned" works. Some want the freedom to put old books on the Internet. A couple of organizations filed suit arguing that the automatic forms of copyright with long terms are effectively permanent although the U.S. Constitution never made provision for indefinite copyright. But beware when people say that what they want to put on the Internet are really orphaned works. When self interest - or, sometimes, self righteousness - drive a person, you can't necessarily count on the degree of diligence that a living copyright owner might appreciate. *******************************
Too few writers do proper market research on new publications, and then are dismayed when they find themselves tearing their hair out in frustration. But sometimes a little looking can warn of potential problems. The people who brought you Bucks Magazine in Pennsylvania, which has been sued by multiple writers trying to get paid, are coming out with a new magazine, according to this Philadelphia Inquirer article (http://www.philly.com/mld/inquirer/16561171.htm). Read into the piece and you learn the the publisher of the new magazine also produces Bucks Magazine. A writer entering that phrase into Google will find - at least when we checked - that the third listed link is this WritersWeekly post (http://forums.writersweekly.com/viewtopic.php?p=48918). Apparently at least one writer had to go to court to get paid thousands. A little web research suggests that other writers have also had to sue. Ironically, the new magazine is for wealthy readers. It may be that the publisher has faced difficult times and means well, but that will do little to pay the bills. Writers should always do basic research to see if a market is viable or whether there might be signs of potential problems. When you can be forewarned, you can be forearmed. *******************************
A writer recently asked us about a problem. The writer had submitted a piece to a large newspaper, which went ahead and printed it without sending a contract or even saying what it would pay. Now that the writer wants payment, the publication sends an all rights contract. The editor's answer? The all rights wording is just in there to let the company print the piece in other titles in the chain and that writers resell the work all the time. The writer felt reassured. That is unfortunate because what the editor says won't matter. There is a contract - probably with wording saying that it is the total understanding between the two parties. Many editors, sadly, either don't understand the ramifications of their contracts or, even worse, do but don't want to have writers say no. Sending a confirming note to the editor won't change things because the contract is clear. In general, if you can't live by the terms of a contract, don't sign it with an intent to ignore them. Sure, maybe the publisher won't sue you. But then you don't know what will happen tomorrow, or next month, or next year when someone else at the company decides that it will. *******************************
Everyone wants to be in pictures - including magazines. The fashion magazine Elle, after running an article last October by actress Julia Stiles, is involved in a short movie based on the piece. Stiles wrote the script and is directing and the final piece will supposedly debut on Elle.com. This is a coming attraction of the shifting landscape in publishing. Companies are trying to figure out how to increase profits to keep corporate managers happy while someone heading off the Internet juggernaut. Where does the ordinary writer come in? If you've signed a contract giving a publication derivative rights or screen rights or something of that nature, even if non-exclusively, it could broker a deal and make money off a script without offering you a penny. It's just another reason to keep a close eye on contracts and not to assume that things appear by accident in them or that they don't matter. They suddenly do if you find everyone but you walking away with a large check. *******************************
Need a Writer, Editor, or Editorial Project Manager? ASJA Freelance Writer Search, a service of the American Society of Journalists and Authors, connects those who need writers with more than 1,200 writers who have met exacting standards of professional achievement. Use Freelance Writer Search to locate writers for a wide range of editorial projects including books, articles, newsletters, corporate communications, ghostwriting, web copy, scriptwriting, speechwriting, and much more. Listings are free. For more information, visit http://www.freelancewritersearch.com. *******************************
The ASJA Contract Committee has speakers available on the subject of contracts. Because we are all volunteers, there is no guarantee that we can satisfy each request, but we do try. So if you'd like someone to come speak to your group, let us know. *******************************
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Got a question or a contract? Fax questions or contracts to 415-532-1324, including your email address for a response. To send an email, go to http://www.asja.org/contact.php and use our Web form. (Sorry, but the email was getting clogged with spam.) We do have three requirements to review a contract. First, you must name the publisher, as it helps us aid others in the future. Second, it must be a commercial publisher and not a vanity publishing house that makes its money off you. Third, you must read through the contract yourself and explain your concerns. We'll look through the whole document anyway, but things go better if you are really involved in the process. The American Society of Journalists and Authors encourages reproduction and distribution of this document for the benefit of freelance writers and photographers, and other publishing content creators. Reprint or post as many items as you wish, but please credit ASJA for the information and don't change the content. Contracts Committee ASJA
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